The short answer to your question about making an application based upon asylum is probably not, but not certain. You came to the USA for stated purposes that had nothing to do with being a victim of persecution or a member of a group specifically singled out by the government of Haiti for persecution. Applying for adjustment of status due to a claim of asylum is going to be looked at very hard by the CIS and the Immigration Court through whom your application is processed. You will have to make an independent case, not only that you have been persecuted, but why the government should not claim fraud on your part in order to obtain an immigration benefit, which could have a bar to immigration of 10 or 20 years, or even life. However, if you can make a valid case, you could be successful. People have come here for reasons other than the ones they use to get asylum, especially if the government of your country was aware of your activities and you needed to protect yourself, and their applications have been successful.

If you want to discuss this case at length, by all means give me a call or e-mail (number and e-mail is below), and we'll set up an appointment for an initial consultation, by phone or in person. I appreciate an opportunity to be of service to you, and I wish you the best.


Answer Applies to: California
Replied: 8/23/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.

Asylum is used whenever there is a fear of prosecution if you returned to your home country. If you can show this, you can successfully petition for asylum- if not, then no.

Answer Applies to: California
Replied: 8/17/2010

Disclaimer: The response above does not form an attorney-client relationship. This answer may or may not apply to you and should not be relied upon as legal advice. LawQA does not make any representation as to the expertise or qualifications of this attorney. This attorney may or may not be admitted to state bar of your state.